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O'Brien v. Ovington Hall, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1972
40 A.D.2d 874 (N.Y. App. Div. 1972)

Opinion

November 27, 1972


In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County, entered March 20, 1972, in favor of plaintiff, upon a jury verdict of $25,000. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. In our opinion, plaintiff failed to present proof sufficient to justify the trial court's presenting the case to the jury for its decision. No competent proof as to the temperature of the steam pipe in question was presented by plaintiff and hence the judgment must be reversed and the complaint dismissed. Latham, Acting P.J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.


Summaries of

O'Brien v. Ovington Hall, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1972
40 A.D.2d 874 (N.Y. App. Div. 1972)
Case details for

O'Brien v. Ovington Hall, Inc.

Case Details

Full title:MARY A. O'BRIEN, Respondent, v. OVINGTON HALL, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 27, 1972

Citations

40 A.D.2d 874 (N.Y. App. Div. 1972)

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